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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who engages in a distribution business of recyclables.
On May 11, 2014, around 10:30 on May 11, 2014, the Defendant found the victim C (the age of 62)'s warehouse D and purchased all equipment such as winds, presses, etc. in the warehouse.
price of 4 million won
5. To make a deposit in full with the account until 13.
After concluding the equipment purchase contract at the end, in other words, the construction equipment, such as winds, presses, etc. at the location, was delivered to the vehicle by the victim.
However, the defendant and D did not have cash held at the time, and the above equipment can be sold immediately more than 4 million won, and even if the above equipment is delivered by the victim, it is not a situation where the above equipment can be sold immediately.
5. Until 13. There was no intention or ability to pay the price.
Accordingly, the defendant, in collusion with D, by deceiving the victim, thereby deceiving about KRW 4 million from the victim.
Summary of Evidence
1. Each police suspect interrogation protocol against the defendant or D;
1. Statement to C by the police;
1. Investigation report (Report on results of telephone conversations between victims C);
1. Application of Acts and subordinate statutes to the investigation report (specific circumstances of the suspect);
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;